the victim's lack of cooperation in this case is just a factor that led to our charging decision. but it explains what we said earlier about parts of the case that we may never know. >>reporter: what we do know is that mcdonald and his fiance' began fighting over other women who came to can in dodged's 30th birthday party that night. several other 49ers were at the party but most had already gone home. the fiance' told 911 dispatcher that mcdonald's was trying to remove her from the home. 49ers head coach jim harbaugh is relieved mcdonald was cleared and that the case is over. >> in the beginning he asked for some patience and let's that process see a conclusion, see a process, see a conclusion and i think it's done that, and we're moving forward. >>reporter: together with ray rice case this case led to a national discussion on domestic violence. tonight at 6:30 we'll talk to a domestic violence expert here in santa clara counties who says that this case and what

the prosecutor decides not to do in this case could be a setback for other cases. reporting live in san jose ca can about i. a san jose police officer was already at mcdonald's house. sergeant shawn pritchard was moon loong with the 49ers at the time and was personally called by ray mcdodged to come to his house during the incidents. san jose police department said that complicated the investigation and as a result san jose police suspended all off duty work with the team. if you want to see the district attorney's reasons for not charging ray mcdonald, we have the entire legal document posted for you at kpix.com. troubling questions after a 20-year-old was found dead inside a berkeley frat house. we learned today he was not a call student or a fraternity member. police want to know why it took so long for somebody to find his body. >> it's a little unusual that

you know somebody pay not have seen him for a long period of time. >>reporter: berkeley investigators want to know why someone reported finding vaibhev loomba's body at noon sunday hours after a saturday night party. police are trying to piece together his night. >> we do want to try and figure out why he was there. >>reporter: a few red party cups were littered on the front lawn this morning left overs of saturday's party. family members say he recently transferred from uc davis to diablo valley college closer to his antioch home. >> it's really tragic and terrible. >> it's upsetting. >>reporter: the story hit cal students hard. >> he didn't party too much, but it's a fraternity. average fraternity. >>reporter: making this weekend anything but average. >> we have to determine if there's any criminal causes occurred if any action needs to

be given that way as well. >>reporter: berkeley police say they have been to that house several times to break up large parties. so much so they gave the fraternity a warning last month and called it a public nuisance. in berkeley can about i, 5. >> they are looking into whether drugs or alcohol played a role in his death. their hearts and prayers go out to his family. san jose state students say something needs to be done after racially offensive comments at a foundation board meeting. students stood in solidarity against racial intolerance. they say last spring a member of the university's tower foundation made a disparaging remark about latinos and their ability to be successful. students complained they had to jump through too many hoops for too long for an investigation to be completed. >> now that it is over ask the president to apply our immediate demands. one, removal of the racist donor from the tower foundation

boards, and 2, a letter of apology from the vice-president to the complainant. >> . >> the university says it is taking the matter seriously and is under close review to determine the appropriate next step. opening statements today in the trial of two san francisco police officers accused of stealing drugs. prosecutors describe the case as corruption with a badge. the officers are charged with stealing money, drugs and property from suspects living in residential hotels. they allegedly had informants then sell those drugs and they all split the proceeds. officer edmond robles and ian firm inyear have pleaded not guilty. each charge carries possible prison sentences from one to 20 years. evacuations have been lifted at the belmont motel 6 after a hazmat scare this afternoon. police received reports of strong odors. turns out it was pepper spray they were smelling. 22 people were evacuated from the motel onshore way road. 10 people were treated for

exposure. 18,000 nurses at northern california kaiser hospitals are walking off the job tomorrow and wednesday. the union says the two day strike is necessary because nurses don't have the resources they need to treat ebola. kaiser says it's been working to insure the safety of the staff members who may have to treat someone with ebola. more than 50 hospitals and clinics will be impacted, but they will stay open. developing news right now hot lava has hit its first home on the big islands of hawaii. people have been preparing for this day for months as they have watched the slow motion disaster approach the town of pahoa. today the most enrock from the kilauea volcano hits a home. the home's owners were allowed to watch it burn as a means of closure. could be the biggest fall storm in 20 years it is bearing down hard on the upper midwest. drivers found themselves on an icy slip and slide in duluth minnesota. 16 cars damaged in this one

massive pile up. the arctic blast is bringing up to 2 inches of snow an hour. south dakota also getting hit hard. schools were closed in parts of that state. from here things only going to get colder for a lot of the country. chief meteorologist is in the weather center with a look how cold it's going to get elsewhere. >> be thankful we're here in the beautiful bay area. this is denver behind me at 9:36 in the morning it was sunny and 64 degrees. at 2:30 in the afternoon, 5 hours later, 19 degrees with heavy snowfall. what a change, a near 50-degree drop in less than 5 hours. that's denver right there where it's snowing. look at the line of heavy snowfall from denver and pueblo, colorado all the way north and east through nebraska, through south dakota into minnesota and the upper peninsula. this is a big time winter storm dropping a lot of snowfall and jamie has the latest from

minneapolis. let's see what it looks like. >>reporter: snow started falling around 2:00 a.m. local time minneapolis. we have seen sleet we've seen ice and we've seen wind gusting up to 25 miles per hour. that made travel very tricky. 180 crashes on the roadways here. 175 flights canceled out of the international airplane. schools canceled after school activities canceled. we don't see that happen for at least another months. by the way did anybody let us know that winter doesn't officially start for 6 more weeks. reporting in minneapolis for kpix5 kpix5. >> we have changes coming to our weather, rain and cooler weather find out when coming up. she's growing up watching belle and ariel one bay area

girl could inspire disney to doing they have never done before. >> they sent me this gift card for $150 as a token of appreciation. >> it looks like a gift card but plays by a different set of rules. what to know before you're caught off guard at the register. they came for a free dinner, they just didn't tell the restaurant. how a party of 15 pulled off a dine and dash birthday bash. ,, for over 60,000 california foster children, the holidays can be an especially difficult time.

everything's different now. sometimes i feel all alone. christmas used to be my favorite. i just don't expect anything. what if santa can't find me? to help, sleep train is holding a secret santa toy drive. bring your gift to any sleep train, and help keep the spirit of the holidays alive. not everyone can be a foster parent, but anyone can help a foster child. been safely rescued. after spending the day hiki eaton canyon yesterday -- t church group of 15 hikers couldn't find their way bac a dozen hikers have been safely rescued. the church group of 15 hikers couldn't find their way back. with one bar reception, one hiker was able to send a help text to a family member which kicked off a search, but thick fog made it very difficult for crews last night. this morning helicopters located the group and airlifted them off the mountain. one hiker suffered an ankle

injury. the video shows intense and chaotic conditions that led to the death of 19 firefighters in arizona last year. the clips were filmed the day the granite mountain hotshots were killed battling the yarnell fire. some of the hotshots are seen riding an atv through thick smoke dodging flames and power lines. a sudden shift in the fire's direction left the crews trapped. it was the deadliest day for u.s. firefighters since 9/11. department of veterans affairs is about to undergo a major overhaul it's going to be the largest restructuring in the department's history. the idea is to make it more accessible and responsive. so among the changes hire a customer service officer streamline processes for veterans and create a network of advisory counsels. this changes column after investigation found thousands of veterans often waited months for medical care. just in time for veteran's

day, four military members became u.s. citizens today. the naturalization sayings ceremony taking place on the coast guard cutter alameda. they are from the phillipines, mexico and nepal. >> i became a u.s. marine first and then becoming a u.s. citizen marine corps birthday it worked out perfectly. all the planets were aligned. >> the naturalization ceremony was part of a celebration marking the birthday of the united states marine corps. they are designed to make laundry day a little easier but there's a new warning. how the popular pods are sending one child a day to the hospital. she's a fan of frozen like most girls her age, but tonight this pay area girl's mother is challenging disney to create a very different kind of role model. ,,,,,,,,,,,,

officer crashes into a treen fairfield. it happen . we're following breaking news. an officer has crashed into a tree in fairfield. you're looking at live pictures right now. it happened near air base park which and dover avenue. rescuers had to cut the fairfield officer out of the car and they called in a helicopter to airlift the officer to the hospital. we still don't know how seriously the officer was

injured or what led up to the crash. there have been many disney princesses over the years but one bay area couple says there's never been one like their daughter. they want to change that. genre moss on their push for a different princess. >>reporter: if this is a number one fan of the movie froze he, it may be 6-year-old jewels ott-dahl of antioch. it's about two sisters growing up together she likes to watch it with her little sister delaney who has down syndrome. >> delanie could never be a princess because this is no princesses that have down syndrome. >> i realize that jewels was right and i cityed to do something about it. >>reporter: the ladies two moms are disney fans but they are also down syndrome activists they started a petition to ask the company to create a movie with a character

that kids like delanie like can relate to. >> not to make a movie about down syndrome but make it incidental that a character hero or her win has down syndrome. >>reporter: kids with the syndrome need to feel good about themselves bout feeling different. 66,000 people have signed the online petition it makes jewels feel like a heroine herself. >> i like the lady and she looks up to me like i'm a big sister. >>reporter: delanie may be too little to know it now perhaps some day she will understand this act of true love from letter big sister. with a little luck they can both live happily ever half. genre moss kpix5 news 5. >> the family will deliver the petition to the disney studio offices in burbank on their way to a family vacation in

disneyland. the zoo just released this photo. the troop is exhibiting normal grieving behavior and their mood seems to be gradually improving. 15 month old was crushed to death friday night. the gorillas were being moved when she unsuspectingly darted under the door. an emergency room doctor in new york has been declared free of the ebola virus. dr. craig spencer tested positive on october 23rd. he was treated in a special isolation unit in manhattan's bellevue hospital. he's scheduled to be released tomorrow. china and the u.s. have agreed to a new visa policy making it easier for travel between the two countries. president obama made that announcement today in china he wore a traditional chinese outfit while greeting world leaders. the new agreement allows citizens of each country to travel to u.s. and china for up to 10 years on a single visa.

up until now travelers could only get a one year visa. >> last year 1.8 million chinese visitors to the united states contributed $21 billion to our economy and supported more than a hundred thousand american jobs. >> today is the first day of mr. obama's 8 day asa trip. tomorrow he will meet with chinese president to discuss issues such as cyber theft and human rights. we have breaking news in one of those election races here in the bay area that's been too close to call. >> ken bastida following developments from the newsroom. >> late word on the san jose mayor's race what is it 6 days now. dave cortez announced minutes ago he is conceding the election to sam la car do. he had been waiting until the final outcome was clear before bowing out of the race but he did claim victory in terms of changing the discussion at city hall. he says, the very tight race should be a message for equity and fair place because he had

strong backing from city employees including the police union. those members were fighting pension reforms, championed by the outgoing player chuck reid. sam liccardo has voiced support for mesh us which the city says is saving millions of dollars a year. as for the very close race cortez he says he's satisfied with the recommending star voter 's office will not take any active role in the audit process. he says simply it's time to move on. in the newsroom ken bastida kpix5. new warning about detergent pods used for laundry. kids mistake the colorful packets for candy. 17,000 kids got sick between 2012 and 2013. one died. a study published on pediatrics online suggest changes on packaging and labeling. as with any household product the detergent should be kept where kids can't get to it. they celebrated they ate they ran.

an entire birthday party is caught on camera on a dine and dash. the group of 15 walked into the cafe in south florida. the waiter says after they late they complained about their order then he left to get the manager. that's when all 15 guests, including grandma got up from the table and made a beeline for their cars. so the restaurant's out 300 bucks. manager hoping somebody recognized the faces on the video. >> oops. that's pretty bold. i'm wondering is the punishment still if you don't pay your bill you have to wash dish sentence that's a lot of dishwashers they would get it done really fast. >> that's why grandma was high tailing it out of there. >> we have changes coming, significant changes. it was warm today for part of the day, and when you stay warm up near 80 degrees, tomorrow it all comes crashing down thankfully this is a change we can smile at because there's some rain involved in this change. but first step will be the onshore flow returning. we went from sunny to cloudy

and very quick order. now temperatures are falling, santa rosa you're down to 57. livermore 68. san francisco 58 degrees. overnight tonight widespread fog that's uconn cord that's you live more that's you dublin that's you san jose waking up to fog tomorrow morning san francisco of course you'll be foggy 55 degrees. santa rosa 46. here's why we need some rainfall. forget about the 3-year rainfall deficit. just this month just the first 10 days of november we are already behind an inch .5 of rainfall in santa rosa nearly an inch in oakland and more than half of an inch in san jose. typically it rains in november it has not yet. things will change. the ridge of high pressure is moving out. big storm off to our west. it will be a glancing blow but we're already getting a strong onshore flow. if you're heading to the beach. the pattern changes here. phase one is that stronger onshore flow. tomorrow cooler, cloudier, nobody in the bay area even makes it out of the 60s. we're at the 60s at the coast

all the way inland at the delta. phase one is cooler and cloudier. it's already here but it takes shape tomorrow. phase 2 will happen on wednesday night and thursday that's when a cold front swings through giving us some much needed rainfall. the first widespread rainfall of the entire month will not happen until november 13th. that's going to be thursday when we get some rainfall impacting your morning commute and there's another rain chance after that. we start with the fog. it will be foggy tomorrow morning with minimal afternoon sunshine, highs only in the 60s tomorrow. big change if you're away from the water. and rainfall does arrive late wednesday night early thursday morning. now, 63 degrees for san francisco is pretty close to average, but 67 in san jose is actually below normal for you by a few degrees. campbell tomorrow morning fog for you. 68, palo alto union city fremont 66 degrees. all 60s inland. antioch 68, pleasanton 66. 65 for alameda. foggy start in marin. petaluma 64. the fog may get up to clear

lake highs in the low 60s. we stay chilly. extended forecast barely making it to 70 one day of the next week. we have rain moving in on thursday we have a second rain chance coming up on sunday. we skated by the first month, month and-a-half of fall without much fall weather. it's coming now and let's just hope that once we get there we stay there. >> get the ball rolling. >> get some more rain in here. >> thanks. >> it's california law. gift cards should never expire but not every card is created equal. the difference that it can cost you at the register. ,,,,,,

or a helping paw!ater, everyone needs a helping hand, so mattress discounters good deed dogs is raising money to help train assistance dogs for wounded veterans. veteran: i live independently because of what all it provides for me. and it's huge! there's a lot of wounded, ill, and injured out there just like myself, who just maybe need a little bit of help. tag: you can lend a helping paw too. give at mattressdiscountersdogs.com or any mattress discounters. mattress discounters good deed dogs-- helping dogs help people. but, a bay area man's card e gift... but, a bay area man's card e d. . a gift card is usually a pretty welcomed gift. >> we all like those. but a bay area man's card came with conditions. >>reporter: it was a coupon

that convinced him to come for a brake job. after dropping off the car with 129-dollar coupon he was told the pads included in the offer weren't in stock and i e had to pay more. >> i found it a little hard to believe. >>reporter: he complained to nissan calling the promotion a bait and switch and nissan offered to make good. >> they sent me this gift card for $150 as a token of appreciation. >>reporter: but when he recently tried to use that gift card, he realized it expired. something don thought was illegal. >> it had an expiration date of april of 2014. >> knowing this is california and california has the laws about gift cards not expiring. >>reporter: but take a closer look. notice the visa symbol. technically this isn't a gift card covered under california law. the state department of consumer affairs say stores

come with consumer protection. >> those can have expiration dates that can charge service fees and things like that. the brick and mortar stores gift cards cannot. >> it does have promotional on the side. >>reporter: promotional cards are considered for coupons good for products the company sells but not much else. frustrated he called consumer watch and we called nissan and the car maker has finally made good once and for all. >> he said we're going to make it good. we're going to send you a check for $150 you can use anywhere. >>reporter: now technically nissan didn't have to do that but federally regulated cards do have some protections. they must have the expiration date stamped on the front and they can't charge inactivity fees for at least one year. if you have a consumer problem give us a call. >> that's what i want i want the money i can use anywhere. >> exactly. >> the green kind. >> that's why people buy the cards with the visa symbol.

there are exceptions and california law doesn't always apply. >> good to know. >> we'll be right back. brand new cadillac. ♪ ♪ my baby drove up in a brand new cadillac. ♪ ♪ look here, daddy, i'm never coming back.... ♪ discover the new spirit of cadillac and the best offers of the season. lease this 2014 standard collection ats for around $299 a month.

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it means another neighbor is going to sleep better tonight. because they went to sleep train's ticket to tempur-pedic event. choose from a huge selection of tempur-pedic models, including the new tempur-choice, with head-to-toe customization. plus, get 36 months interest-free financing, two free pillows, and free same-day delivery. are you next? make sleep train your ticket to tempur-pedic. ♪ your ticket to a better night's sleep ♪ coming together to s ough. . high school basketball star gunned down outside his home. now two communities are coming together to say enough is enough. plus controversy over a tech giant's plans to build a 17 room mansion. those stories coming up at 6:00. >> thanks for watching us at 5:00. cbs evening news with scott

pelley coming up next. >> have a great night. >> pelley: tonight winter jumps the gun. a snowstorm in the up midwest with car wrecks and flight delays. most of the country will feel it as the polar vortex heads south and east. jamie yuccas reports. the new v.a. secretary tells us how he intends to fix veterans affairs after thousands of vets were forced to wait for care. >> we don't want any harm to our veterans. >> pelley: fire in every direction. carter evans takes us inside the yarnell tragedy with newly released video of the day 19 firefighters were killed. and vladimir duthiers with the photographs of hugh mangum. in jim crow south, he saw no difference between black and white. >> she has a simple dress on but she looks so regal.